Typical Arrogance of the “Experts”

US District Judge Matthew Kacsmaryck, of the Northern District of Texas, has ruled that the FDA’s approval of the abortion drug mifepristone must be withdrawn and the drug pulled from the market while an existing court case makes its way through, and he made his ruling nation-wide.

The Court does not second-guess FDA’s decision-making lightly. But here, FDA acquiesced on its legitimate safety concerns—in violation of its statutory duty—based on plainly unsound reasoning and studies that did not support its conclusions[.]

No, no, no—leave our precious technocrats alone is the Leftist Lawyer cry. Only Government knows best. How dare anyone challenge Government’s experts. Areta Kupchyk, ex-FDA Associate Chief Counsel:

If the court does not defer to FDA, it would undermine FDA’s authority and set a precedent for second-guessing by judges wholly unqualified to evaluate scientific data[.]

This is the typical arrogance of Government “experts.” No one but these bureaucrats who hold one or another science degree are qualified to reign over the scientific world—and over us citizens.

No. It’s time Chevron Deference-style foolishness was done away with. It’s time our Article III courts acted like the coequal branch of our Federal government that they are instead of meekly bowing and subordinating themselves to junior agencies of a separate coequal branch.

That doing-away may finally be beginning.

A String’s Attached

President Joe Biden (D) and his DoEd Secretary Miguel Cardona are trying to rewrite the Title IX statute to bar States from categorically ban[ning] transgender students from participating on sports teams consistent with their gender identity.

Never mind that the actual statute, enacted those decades ago, is explicitly designed to give women a fair and reasonably equal opportunity to play sports: if a State school or a local school district has a men’s program, that school or district must fund and provide for a substantially similar program for women.

Now the Biden/Cardona DoEd is proposing a rule that would ignore the sex-based Title IX statute and require biological men be allowed to compete in women’s sports in those schools that get Federal funding.

The proposed rule would establish that policies violate Title IX when they categorically ban transgender students from participating on sports teams consistent with their gender identity just because of who they are[.]

Never mind that a transgender woman is a man by his biology, by his genes, by his XY chromosome pair.

Never mind that a transgender man is a woman by her biology, by her genes, by her XX chromosome pair.

This is the Biden administration’s open war on women.

My advice to the States: don’t take the Federal funds. The strings attached are more like chains.